MailTight – Terms and Conditions of Use
Last modified: 6 January 2013
Thank you for using our MailTight services (the “Services”). Our Services include the MailTight secure global email network, the MailTight website, client support and any other services that we may make available from time to time via our website, through the MailTight secure global email network or via client support.
The Services are provided by NetTight Ltd and its subsidiaries and affiliated companies, including MailTight Ltd (collectively “MailTight”). When using the terms “we”, “us” and “our” in these Terms and Conditions of Use and elsewhere on our website and in our communications, we mean MailTight.
By using our Services, you are agreeing to these Terms and Conditions of Use, so please read them carefully. We are constantly improving and changing our Services, and laws and regulations are also changing. We may therefore update our Terms and Conditions of Use from time to time.
The current version of our Terms and Conditions of Use can always be viewed by following the “Terms of Use” link that appears in the footer of all of our website pages. The date of the current version will always be displayed at the top of the first page.
If at any time you do not agree with our current Terms and Conditions of Use, you should discontinue using our Services.
Subscriber Account, Passwords and Security
For the Services that require you to open an account, we need you to complete the registration process by providing us with your choice of information as shown in the applicable registration forms. You can use any name you like, including one that protects your anonymity, and any available email address, so long as they are not intended to impersonate other real people, organisations or businesses.
Where we collect payment information, such as for payment by credit or debit card, we need you to provide the information requested. Our payment service providers specify which information we must collect for them to process your payment. For accounting, regulatory and contractual purposes, we are required to keep this information, which is all stored encrypted to standards that meet or exceed the Payment Card Industry Data Security Standards (PCI DSS).
Our systems store your password and answers to your security questions in an encrypted form (a salted hash) that we cannot decrypt. We can only test whether your subsequent logins match our stored encrypted versions. You are therefore entirely responsible for maintaining the confidentiality of your password, secret security questions and account. You are also entirely responsible for all and any activities that occur using your account. You agree to notify MailTight immediately if you become aware of any unauthorised use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by MailTight or another party due to someone else using your account or password. You may not use anyone else's account without the permission of the account holder.
The length and originality of your password has a significant impact on the level of security for your account. For this reason, we perform a series of verification tests whenever a new password is entered to help ensure you do not use a weak or well-known password.
MAILTIGHT STRONGLY ADVISES THAT YOU USE DIFFERENT PASSWORDS AND SECRET SECURITY QUESTION ANSWERS TO THOSE THAT YOU USE ON ANY OTHER SYSTEM.
Privacy and Protection of Personal Information
For details of how we treat privacy and the protection of personal information, please read our Privacy Policy.
As a law-abiding business, MailTight must comply with the laws, regulations and legal orders in the territories in which we operate. Although we have chosen those territories to provide a high level of privacy protection, you acknowledge that we must comply with our legal obligations in each of those territories and may be obliged to disclose certain information if it is within our possession and access, though we will not do so without a local legal obligation.
Warranties and Disclaimers
We develop and operate our Services using a commercially reasonable level of skills, knowledge and care. We aim to ensure that the Services all operate as described in our communications materials and that you will be confident and happy to use them. However, MailTight does not represent or warrant that the Services will always be uninterrupted, timely or error-free, that defects will be corrected, or that the Services or the server that makes it available, are free of harmful components. You agree that MailTight shall not be responsible for any materials that you receive via the Services from any other party.
Use of Services
MailTight reserves the right to limit, modify or terminate your access to any part or all of the Services at any time, without notice, for any reason whatsoever, without the obligation to provide any refund of any payments or disclosure of cause, though we may provide a proportionate refund for unused Services if we consider at our sole discretion that your use of the Services complied with all these Terms and Conditions of Use.
If you terminate or discontinue use of any part or all of the Services, you have no right to a refund of any payments.
No Unlawful or Prohibited Use
You agree not to use the Services for any purpose that is unlawful in the territory in which your encrypted mailbox is stored. You can see your mailbox storage location by logging into your MailTight account and viewing the dashboard page.
You warrant that you will not use the Services for the following purposes:
- Sending junk email, spam or other forms of unsolicited messages
- To attempt to gain unauthorized access to any account, system or network
- To restrict or inhibit any other user from using and enjoying the Services
- Dissemination of any material that is obscene, indecent, defamatory or otherwise unlawful in the territory of the addressee(s) or intended recipient(s)
- Distributing any viruses, trojans, worms, bots, time bombs, corrupted files or other malicious files or messages that may damage or disrupt the operation of any party’s computer system or network
- To infringe any copyright, trademark, patent, trade secret or other legal and proprietary right of any party
- To abuse, defame, threaten, harass, stalk or otherwise violate the legal rights of any party
- Creating a false identity with the intention of misleading others by impersonating other real people, organisations or businesses
If you engage in practices that are prohibited under these Terms and Conditions of Use, MailTight reserves the right to terminate your use of the Services and to disclose any information that we deem necessary to satisfy any applicable law, regulation or legal order in the territories in which MailTight operates or to protect the interests of MailTight and our users.
Indemnity
You are responsible for how you use the Services. If you are using the Services on behalf of a business or organisation, that business or organisation is also responsible for how you use the Services. You (and where applicable your business or organisation) therefore agree to indemnify and hold harmless MailTight and its affiliates, directors, officers, agents, contractors and employees from any claim, suit or action arising from or relating to the use of the Services or violation of these Terms and Conditions of Use, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and lawyers’ fees.
Liability for our Services
WHERE PERMITTED BY LAW, MAILTIGHT, AND OUR AGENTS, SUPPLIERS AND DISTRIBUTORS, WILL NOT BE RESPONSIBLE FOR LOST REVENUES, PROFITS OR DATA, FINANCIAL LOSSES OR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, USE OR PERFORMANCE OF SOFTWARE, DOCUMENTS OR INFORMATION AVAILABLE FROM THE SERVICES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF MAILTIGHT, OUR AGENTS, SUPPLIERS AND DISTRIBUTORS, FOR ANY CLAIM UNDER THESE TERMS AND CONDITIONS OF USE, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICES.
IN ALL CASES, MAILTIGHT AND OUR AGENTS, SUPPLIERS AND DISTRIBUTORS WILL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE THAT IS NOT CLEARLY AND REASONABLY FORESEEABLE.
Links to Third Party Sites or References to Third Party Products
LINKS PROVIDED TO THIRD PARTY WEBSITES OR REFERENCES TO THIRD PARTY PRODUCTS ARE FOR INFORMATION PURPOSES ONLY. MAILTIGHT HAS NO CONTROL OVER THESE THIRD PARTIES AND IS NOT RESPONSIBLE FOR THE CONTENT OF ANY LINKED WEBSITE OR OPERATION OF ANY THIRD PARTY PRODUCT. MAILTIGHT PROVIDES THESE LINKS AND REFERENCES TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK OR REFERENCE DOES NOT IMPLY ENDORSEMENT BY MAILTIGHT OF ANY THIRD PARTY.
Copyright
In using of our Services, you will have access to our proprietary and copyrighted materials, including but not limited to, text, photographs, illustrations, graphics, sounds, videos, music, software, web page designs, configuration files, forums and other materials. You may use and download these materials for normal operation of the Services and as required to assist other users of the Services, provided that you keep all copyright and other proprietary notices intact and unmodified. You may not in any other way copy, reproduce, distribute, transmit, republish, modify or reverse-engineer any copyrighted material.
Unless otherwise stated, all materials available for viewing and download via our website are Copyright © 2013 NetTight Ltd or used under licence from the copyright owner. All rights reserved.
Trademarks
MailTight, NetTight and ‘Delivering Privacy’ are trademarks of NetTight Ltd and/or its affiliates and may not be used without written permission from NetTight Ltd.
General
These Terms and Conditions of Use describe the entire relationship between you and MailTight, unless you have entered into any additional written and signed agreement with MailTight, which may apply to certain business partners. These Terms and Conditions of Use do not create any third party beneficiary rights.
If you breach any of these terms and we don’t take action right away, we still reserve all our rights. If any particular term is not enforceable, this will not affect any other terms.
This agreement is governed by the laws of Hong Kong. All and any claims arising from or relating to these Terms and Conditions of Use will be settled exclusively through the use of the Hong Kong legal system. If there are any discrepancies between different language versions of these Terms and Conditions of Use and the English language version, the English language version shall be the definitive version.
For information on how to contact MailTight, please visit our Contact Us page.